Francesca P. Gardner


Judicial Review

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Mark Ronson
Luke Heywood


Judicial Review

Francesca regularly receives instructions in Judicial Review proceedings, particularly cases involving community care and mental health.


 

Ranked as one of the Leading Juniors for Court of Protection 'Extremely bright and very talented'

Legal 500 2018

""She is tenacious, eloquent, caring and incredibly talented, which means that she is in increasingly high demand for the most complex of Court of Protection cases."

Chambers UK

Profile

Francesca is a specialist in all areas of mental capacity and mental health law. Francesca’s practice encompasses all areas of Court or Protection work, including welfare disputes, serious medical treatment and property and affairs matters. Francesca receives regular instructions from individuals, the Official Solicitor, local authorities, NHS bodies and care homes. Francesca regularly acts in complex welfare proceedings and has a particular interest and experience in cases involving: cross border placements and disputes (with particular interest in cross border placements from Scotland); children and deprivation of liberty; the international protection of adults (for example, Francesca has recently been instructed to advise on cases involving Japan, Kenya and the United States of America); cases involving both welfare and financial disputes; and safeguarding vulnerable adults within the Inherent Jurisdiction of the High Court.

Francesca also has a particular interest in and regularly advises on matters of social care charging, with a particular focus on debt recovery.

Francesca also has experience of representing the patient before proceedings before the First- Tier Tribunal and Nearest Relative Displacement Proceedings. Francesca has extensive experience in cases concerning the interface between the Mental Health Act 1983 and the Mental Capacity Act 2005.

 

Significant Cases

The Hospital Trust v V & Ors [2017] EWCOP 20

AG, Re [2016] EWCOP 37 (6 July 2016)

SAD & Anor v SED [2017] EWCOP 3

LCC v J K [2016] EWCOP 59

NCC v TP (Capacity of TP) [2016] EWCOP B3

NCC v TP [2016] EWCOP B4

NCC v TP (Best Interests) [2016] EWCOP 61

IH (Observance of Muslim Practice) [2017] EWCOP 9 (12 June 2017)

 

Year of Call: 2009
 

 
Memberships

Member of Grays Inn 2009

Member of the North Eastern Circuit

Court of Protection Practitioner’s Association - Chair (Yorkshire & the Humber)
 

Training

Francesca provides regular training and seminars to: lawyers, medical and social care professionals and other professionals in the field. Recent training topics have included:

  • Cross Border disputes and Ordinary Residence (with particular focus on cross border placements to and from Scotland)
  • The interface between the Mental Health Act 1983 and the Mental Capacity Act 2005; 
  • Deprivation of Liberty, covering all areas: including children & deprivation of liberty; 
  • Religious observance and the incapacitated adult;
  • consent to sexual relations and the obligations of the State;
  • The international protection of adults 
  • Deprivation of assets;

Property & Affairs:

  • The role of the deputy and deprivation of liberty; 
  • Statutory Wills; 
  • Gifts;
  • capacity to revoke a Lasting Power of Attorney.

 

Publications

1. ‘The Cold Front’- Private Client Advisor

2. ‘ Support Network: litigation friends- Private Client Advisor


Qualifications

Bar Vocational Course- BPP Law School- 2009

 

Recommendations

Shortlisted in the Legal 500 Awards for 'Regional Junior of the Year 2018'. 

Francesca is ranked as 'up and coming' for Court of Protection Health and Welfare - All circuits

"She is tenacious, eloquent, caring and incredibly talented, which means that she is in increasingly high demand for the most complex of Court of Protection cases."

Legal 500 2018

‘Extremely bright and very talented.’

Chambers UK 2018

"She is tenacious, eloquent, caring and incredibly talented, which means that she is in increasingly high demand for the most complex of Court of Protection cases." 

Legal 500 2017

Ranked as one of the Leading Juniors for Court of Protection 'Extremely bright and very talented'
'An up- and - coming star in the area of Court of Protection; her practice includes a range of mental health and capacity cases involving deprivation of liberty, covert medication and human rights matters.'

Chambers UK 2017

"She has a clear grasp of complicated issues and the ability to convey that to clients." "She is very clear, concise and she cuts through all the nonsense." 

 

Flagship Conferences

    2018 programme coming soon

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